The High Court in Kampala has intervened after a police officer detained at Masindi UPDF Barracks for over a month without trial was found to have been held unlawfully. Justice Bernard Namanya ruled that Assistant Inspector of Police (AIP) Augustine Kaggwa’s continued detention violated his constitutional right to personal liberty.
According to court documents, Kaggwa, attached to the Environmental Protection Police Force (EPF), was reportedly abducted by armed soldiers from the Uganda People’s Defence Forces (UPDF) while on duty protecting the Bugoma Central Forest Reserve in Hoima District. His colleague, Paul Kigongo, who filed the supporting affidavit, revealed that since August 29, 2025, Kaggwa has not been charged or presented before any court of law.
“His minor children remain without their father and are in the care of well-wishers due to his unlawful abduction and detention,” Kigongo stated.
Court Rules Police Officer Detained Illegally
During the October 2 hearing, counsel Male Haruna represented the applicant, while State Attorney Raymond Nganzi appeared for the Attorney General. Despite being duly served with the petition, the state did not respond, prompting the court to act decisively.
Justice Namanya ruled that the police officer detained at Masindi Barracks had been deprived of his liberty contrary to Article 23 of the Constitution. “The right to an order of habeas corpus shall be inviolable and shall not be suspended,” he said, citing Article 23(9).
The court issued a writ of habeas corpus ad subjiciendum directing the Attorney General to produce Kaggwa before the High Court on Wednesday, October 8, 2025, at 11:00 a.m. The order seeks to determine the legality of his detention and ensure compliance with constitutional safeguards.
Legal Implications and Public Interest
Justice Namanya also struck out the UPDF and the Commander of the Artillery Division in Masindi from the case, ruling that proceedings against the Attorney General alone were sufficient under Order 1 Rule 10(2) of the Civil Procedure Rules.
The ruling—delivered electronically under the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025—did not award costs. It reinforces judicial commitment to upholding human rights, particularly in cases involving security agencies.
Kaggwa’s case has drawn national attention, highlighting ongoing tensions between the UPDF and the Uganda Police Force in forest protection operations. The High Court’s ruling reaffirms that no agency is above the law and that constitutional protections remain central to justice in Uganda.
